Cordova v. City of Los Angeles

In Cordova v. City of Los Angeles (2015) 61 Cal.4th 1099, the court considered the question whether a government entity can be liable where it is alleged that a dangerous condition of public property existed and caused the injury the plaintiffs suffered in an accident, but did not cause the third party conduct that led to the accident. The accident in question involved the negligent driving of a third party motorist that caused another car to strike a tree planted in the center median owned and maintained by the defendant city. The collision killed or injured all of the car's occupants. (Cordova, supra, 61 Cal.4th at p. 1102.) The court concluded that "plaintiffs in this case must show that a dangerous condition of property--that is, a condition that creates a substantial risk of injury to the public--proximately caused the fatal injuries their decedents suffered as a result of the collision with Shnayder's car. But nothing in the statute requires plaintiffs to show that the allegedly dangerous condition also caused the third party conduct that precipitated the accident." (Id. at p. 1106.) In so finding, the court considered both Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112 and City of San Diego v. Superior Court (2006) 137 Cal.App.4th 21, noting neither case holds that plaintiffs in section 835 cases involving harmful third party conduct must demonstrate that a dangerous condition of property caused the harmful conduct. (Cordova, at pp. 1107-1110.)